[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7115 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7115

To prohibit the sale, acquisition, distribution in commerce, or import 
into the United States of certain firearm receiver castings or blanks, 
assault weapon parts kits, and machinegun parts kits and the marketing 
  or advertising of such castings or blanks and kits on any medium of 
electronic communications, to require homemade firearms to have serial 
                    numbers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2018

  Mr. Pallone (for himself, Mr. Sires, Ms. Norton, Mr. Cardenas, Mr. 
 Khanna, Mr. Pascrell, Ms. Schakowsky, Mr. Hastings, Ms. Clarke of New 
York, Mr. Carbajal, Mr. Soto, Mr. McGovern, Ms. Kelly of Illinois, and 
  Mr. Rush) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To prohibit the sale, acquisition, distribution in commerce, or import 
into the United States of certain firearm receiver castings or blanks, 
assault weapon parts kits, and machinegun parts kits and the marketing 
  or advertising of such castings or blanks and kits on any medium of 
electronic communications, to require homemade firearms to have serial 
                    numbers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``3-D Firearms Prohibitions Act''.

SEC. 2. DO-IT-YOURSELF ASSAULT WEAPON BAN.

    (a) Banned Hazardous Products.--Notwithstanding section 3(a)(5)(E) 
of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the 
following shall be considered banned hazardous products under section 8 
of such Act (15 U.S.C. 2057):
            (1) A firearm receiver casting or firearm receiver blank or 
        unfinished handgun frame that--
                    (A) at the point of sale does not meet the 
                definition of a firearm in section 921(a) of title 18, 
                United States Code; and
                    (B) after purchase by a consumer, can be completed 
                by the consumer to the point at which such casting or 
                blank functions as a firearm frame or receiver for a 
                semiautomatic assault weapon or machinegun or the frame 
                of a handgun.
            (2) An assault weapon parts kit.
            (3) A machinegun parts kit.
    (b) Enforcement.--Subsection (a) shall be treated as a ban under 
section 19 of the Consumer Product Safety Act (15 U.S.C. 2068).
    (c) Consultation.--In enforcing this section, the Consumer Product 
Safety Commission shall periodically consult with the Bureau of 
Alcohol, Tobacco, Firearms and Explosives regarding effective 
strategies for and methods of enforcement.

SEC. 3. PROHIBITION OF ADVERTISING DO-IT-YOURSELF ASSAULT WEAPONS.

    (a) In General.--It shall be unlawful to market or advertise, on 
any medium of electronic communications, including over the Internet, 
for the sale of any of the following:
            (1) A firearm receiver casting or firearm receiver blank or 
        unfinished handgun frame that--
                    (A) at the point of sale does not meet the 
                definition of a firearm in section 921(a) of title 18, 
                United States Code; and
                    (B) after purchase by a consumer, can be completed 
                by the consumer to the point at which such casting or 
                blank functions as a firearm frame or receiver for a 
                semiautomatic assault weapon or machinegun or the frame 
                of a handgun.
            (2) An assault weapon parts kit.
            (3) A machinegun parts kit.
    (b) Enforcement by the Federal Trade Commission.--A violation of 
subsection (a) shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice described under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The 
Federal Trade Commission shall enforce this section in the same manner, 
by the same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
part of this Act.
    (c) Rule of Construction.--Nothing contained in this Act shall be 
construed to limit the authority of the Federal Trade Commission under 
any other provision of law.

SEC. 4. REQUIREMENT THAT HOMEMADE FIREARMS HAVE SERIAL NUMBERS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 923 the following:
``Sec. 923A. Serial numbers for homemade firearms
    ``(a) Request.--A person who has attained 18 years of age and 
desires to make a firearm, or obtain a unique serial number or other 
identifying mark for a firearm, may request a licensed dealer to issue 
a unique serial number or other identifying mark for the firearm, which 
request shall describe the firearm involved, and state whether the 
firearm will be (or is) a handgun.
    ``(b) Consideration.--
            ``(1) Treatment of request as transfer proposal.--A request 
        made of a licensed dealer pursuant to subsection (a) with 
        respect to a firearm shall be treated as a proposed transfer of 
        the firearm from the licensed dealer to the applicant, for 
        purposes of section 922(t) of this title and section 103 of the 
        Brady Handgun Violence Prevention Act, except that the Firearms 
        Transaction Record involved shall indicate that what is being 
        transferred is a serial number and not a firearm.
            ``(2) Issuance of serial number.--A licensed dealer may 
        issue to an applicant a unique serial number and identifying 
        mark for a firearm pursuant to such a request if, applying 
        paragraph (1) of this subsection to the request, section 922(t) 
        or other law would not prohibit the licensed dealer from 
        transferring the firearm to the applicant.
            ``(3) Fee authority.--A licensed dealer may charge an 
        applicant a fee for each serial number and identifying mark 
        assigned and issued under this section, in an amount that is 
        not more than the actual costs associated with assigning and 
        issuing the serial number and identifying mark, and a fee for 
        contacting the national instant criminal background check 
        system with respect to the applicant.
    ``(c) Prohibitions; Requirements.--
            ``(1) Ban on making firearm before obtaining serial 
        number.--
                    ``(A) In general.--It shall be unlawful for any 
                person, in or affecting interstate or foreign commerce, 
                to make a firearm, unless the person has obtained a 
                serial number and identifying mark for the firearm 
                under this section.
                    ``(B) Make defined.--In subparagraph (A), the term 
                `make' means produce, construct, or fabricate by any 
                means.
            ``(2) Presentation of firearm for which serial number is 
        issued for verification by issuing dealer.--Within 90 days 
        after a person obtains a serial number and identifying mark for 
        a firearm under this section, the person shall present the 
        firearm to the licensed dealer who issued the serial number and 
        identifying mark. On presentation, the licensed dealer shall 
        verify that the serial number has been stamped on or otherwise 
        permanently affixed to the firearm and that the firearm matches 
        the description provided by the person when the request for the 
        serial number and identifying mark was made.
            ``(3) Ban on possession or transfer of firearm without 
        serial number.--It shall be unlawful for any person, in or 
        affecting interstate or foreign commerce, to possess or 
        transfer a firearm made after 1968 by a person who is not a 
        licensed manufacturer, unless--
                    ``(A) a serial number and identifying mark for the 
                firearm has been issued under this section;
                    ``(B) within 10 days after the issuance, the serial 
                number and identifying mark is stamped on or otherwise 
                permanently affixed to the firearm; and
                    ``(C) if the firearm is made from polymer plastic, 
                3.7 ounces of material type 17-4 PH stainless steel, on 
                which the unique serial number or identifying mark is 
                stamped or otherwise permanently affixed, are embedded 
                within the plastic.
            ``(4) Exceptions.--This subsection shall not apply to--
                    ``(A) a firearm to which a serial number has been 
                assigned pursuant to section 923 of this title or 
                chapter 53 of the Internal Revenue Code of 1986; or
                    ``(B) a licensed manufacturer.
    ``(d) Administrative Provisions.--
            ``(1) Establishment of traceability system.--
                    ``(A) In general.--Within 180 days after the date 
                of the enactment of this section, the Attorney General 
                shall, in consultation with licensed dealers, establish 
                a system that enables the Attorney General to identify 
                any licensed dealer who issues a serial number and 
                identifying mark pursuant to this section.
                    ``(B) Standards.--The system established under 
                subparagraph (A) shall include standards for serial 
                numbers issued pursuant to this section, which shall 
                ensure that the serial numbers are at least as unique 
                and capable of being traced, and at least as difficult 
                to obliterate, as serial numbers issued pursuant to 
                section 923(i).
            ``(2) Information on compliance with, and enforcement of, 
        this section.--The Attorney General shall maintain, and make 
        available on request, information on--
                    ``(A) the number of serial numbers and identifying 
                marks issued under this section; and
                    ``(B) the number of arrests for violations of this 
                section.''.
    (b) Penalties.--Section 924(a) of such title is amended--
            (1) in paragraph (2), by inserting ``or section 923A(c)'' 
        after ``922''; and
            (2) in paragraph (5), by adding at the end the following: 
        ``For purposes of this paragraph, the issuance of a serial 
        number and identifying mark for a firearm in violation of 
        section 923A shall be considered a transfer of the firearm in 
        violation of section 922(t).''.
    (c) Clerical Amendment.--The table of sections for chapter 44 of 
such title is amended by inserting after the item relating to section 
923 the following:

``923A. Serial number requirement for homemade firearms.''.

SEC. 5. DEFINITIONS.

    (a) Terms.--For purposes of this Act--
            (1) the term ``ammunition feeding device'' means a 
        magazine, belt, drum, feed strip, or similar device, but does 
        not include an attached tubular device designed to accept, and 
        capable of operating only with, .22 caliber rimfire ammunition, 
        and an ammunition feeding device shall be considered detachable 
        if the device can be removed from a firearm without disassembly 
        of the firearm action;
            (2) the term ``assault weapon parts kit'' means any part or 
        combination of parts designed and intended to enable a consumer 
        who possesses all such necessary parts to assemble a 
        semiautomatic assault weapon;
            (3) the term ``machinegun parts kit'' means any part or 
        combination of parts designed and intended to enable a consumer 
        who possesses all such necessary parts to assemble a machinegun 
        or convert a firearm into a machinegun;
            (4) the term ``semiautomatic assault weapon'' means--
                    (A) a semiautomatic rifle or semiautomatic shotgun 
                that has the capacity to accept a detachable ammunition 
                feeding device; or
                    (B) a semiautomatic pistol that has--
                            (i) the capacity to accept a detachable 
                        ammunition feeding device; and
                            (ii) any one of the features described in 
                        subsection (b);
            (5) the term ``machinegun'' has the meaning given such term 
        in section 5845(b) of the Internal Revenue Code of 1986;
            (6) the term ``semiautomatic pistol'' means any repeating 
        pistol that utilizes a portion of the energy of a firing 
        cartridge to extract the fixed cartridge case and chamber the 
        next round and requires a separate pull of the trigger to fire 
        each cartridge;
            (7) the term ``semiautomatic rifle'' has the meaning given 
        such term in section 921(a)(28) of title 18, United States 
        Code; and
            (8) the term ``semiautomatic shotgun'' means any repeating 
        shotgun that utilizes a portion of the energy of a firing 
        cartridge to extract the fixed cartridge case and chamber the 
        next round and requires a separate pull of a trigger to fire 
        each cartridge.
    (b) Special Features of a Semiautomatic Pistol.--The special 
features described in subsection (a)(3)(B)(ii) are--
            (1) an ammunition magazine that attaches to the pistol 
        outside of the pistol grip;
            (2) a threaded barrel capable of accepting a barrel 
        extender, flash suppressor, forward handgrip, or silencer;
            (3) a shroud that is attached to, or partially or 
        completely encircles, the barrel and that permits the shooter 
        to hold the firearm with the nontrigger hand without being 
        burned;
            (4) a second hand grip;
            (5) a manufactured weight of 50 ounces or more when the 
        pistol is unloaded; and
            (6) a semiautomatic version of an automatic firearm.

SEC. 6. CONSTRUCTION.

    Nothing in this Act shall be construed as limiting the ability of a 
State to enact more restrictive gun-related laws, or bans on firearm 
receiver castings, firearm receiver blanks, assault weapon parts kits, 
or machinegun parts kits.

SEC. 7. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act, shall take effect 180 days after the 
date of the enactment of this Act.
    (b) Exceptions.--Subsections (a), (b), and (d), and the second 
sentence of subsection (c)(2), of section 923A of title 18, United 
States Code, as added by the amendment made by section 4(a) of this 
Act, shall take effect on the date of the enactment of this Act.
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